4 years later, lawsuits over Mark Anthony Barmore shooting continue

Thursday

Oct 24, 2013 at 11:00 AMOct 25, 2013 at 10:27 AM

By Jeff KolkeyRockford Register Star

ROCKFORD — Lawyers representing the Kingdom Authority International Ministries Church, daycare personnel and nine children have taken their federal lawsuit to Illinois court against the city and former police officers who on Aug. 24, 2009, shot and killed 23-year-old Mark Anthony Barmore.

The move comes after four years of legal wrangling, lawsuits and depositions in federal court over a police-involved shooting that divided Rockford and led to the creation of a new task force to investigate such incidents.

City attorneys had sought to end the case by requesting summary judgment on claims of reckless and intentional infliction of emotional distress, loss of income and false imprisonment.

U.S. District Judge Philip Reinhard declined the request.

Reinhard instead dismissed the case at the request of the church and children, barring the claims from returning to federal court. But he allowed plaintiff lawyers Craig M. Sandberg and Keenan Saulter to file the suit under state law.

“The court reads the plaintiff’s motions as an acknowledgment that they wish to abandon forever any federal claim arising from the incidents giving rise to this lawsuit,” Reinhard said in his opinion. “They are not asking the court to dismiss this claim without prejudice. They simply want to proceed in state rather than federal court.”

The lawsuit does not specify how much money it seeks in damages on behalf of the families and church, but requests a “just” amount. The case is expected to be in court Nov. 6 at the Winnebago County courthouse.

A separate federal lawsuit brought by Barmore’s family claiming excessive force and wrongful death also survived a recent legal hurdle Oct. 2. The city argued physical evidence proves officers were in a struggle for control of a weapon when Barmore was shot and killed.

But Reinhard noted there were two witnesses who disagreed with the officer’s version of events and there were enough facts in dispute that the case should continue.

Reinhard dismissed counterclaims filed by former police officers Oda Poole and Stan North that they were defamed by the Rev. Melvin Brown — whose family operates the church which houses the House of Grace Day Care — in public statements about Barmore’s death. Those counterclaims could be re-filed in the civil case.

Poole and North were assigned on Aug. 24, 2009, to a prisoner transport van when they were informed by a dispatcher that Barmore was wanted for questioning in regard to a reported incident involving a woman and knife.

An outstanding warrant for Barmore indicated he should be “considered armed and dangerous.”

Barmore ran inside the church to avoid police, entering through a locked door before it could close behind Sheila Brown and her daughter, Marissa.

The officers pursued Barmore through the day care in the basement with guns drawn. Barmore had fled to a boiler room-closet adjacent to a children’s playroom.

Poole and North told investigators that Barmore, who was unarmed, was shot and killed as he grabbed Poole’s weapon and a struggle ensued.

The Browns told police that the officers made no effort to evacuate the children from the day care.

And Marissa’s version of what happened didn’t agree with what the officers told investigators. Marissa said she saw Barmore surrendering when he was shot in the presence of children and day care staff.

Illinois State Police investigators and Winnebago County State’s Attorney Joe Bruscato agreed that the use of force was justified. It was announced that the secretive Winnebago County Grand Jury declined to indict the officers.

Later, a city-commissioned investigation found that although the use of force was justified, the officers used poor tactics and violated departmental policy and training.

North was granted a duty disability pension because of mental stress and trauma stemming from the incident. Poole was fired in 2011 after the city said an evaluation found he was no longer fit for duty. Poole challenged the evaluation findings and continues to seek his job back through a closed arbitration process.

Jeff Kolkey: 815-987-1374; jkolkey@rrstar.com; @jeffkolkey

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.